INAUGURAL ADDRESS 


AND 


SPECIAL MESSAGE 


inept PATTISON: 


GOVERNOR OF PENNSYLVANIA. 


HARRISBURG: 
PATRIOT PUBLISHING COMPANY. 


1883. 


iL 


i 
al 7) 


any # , 
ys 4s? , ere et jw 


rs 
Ta 


SJanl4 AMAA 


yOLOL 


Was Se ice~ re ac 


10 Kind fa cae 5 ey 


4M 


INAUGURAL ADDRESS. 


eet 


Gentlemen of the Senate and House of Representatives, and Fellow- 

Citizens : 

Called by the people to perform, for a time, the functions of Chief 

Executive of the State, I follow an old and respected custom in briefly 
stating some of the principles that will guide me in the administra- 
tion of the oftice. 
- I would first eall attention to the bountiful manner in which a kind 
Providence has blessed our State and endowed its people with bene- 
fits. We should never cease to make grateful acknowledgment of His 
overshadowing care. At periods like this there is a peculiar fitness 
in a public recognition of the goodness of that Supreme Being who 
has been our safeguard from calamity, and whose benefactions have 
attended us with unceasing constancy. 

In the execution of the trust confided to me by the people, it shall 
be my constant endeavor to ascertain their will with accuracy, and 
carry it out with fidelity. For this purpose I solicit the freest com- 
munication between the people and the Executive, and will diligently 
avail myself of every facility which will tend to inform me of their 
wishes. It will be my solicitude to strengthen and confirm the public 
faith in democratic institutions by demonstrating, in the sphere to 
which I have been appointed, their aptitude for recording and affect- 
ing the wishes of the people.’ Our government was constituted to 


give direct and prompt recognition to expressions of the popular will. 


~, l adopt. as of direct application to the present time, a sentence from 


President Jackson’s first inaugural, in which he says: “ The recent 
demonstration of public sentiment inscribes on the list of executive 
duties, in characters too legible to be overlookod, the task of reform.” 

‘This task, clearly set before him, the present Executive will zeal- 
ously strive to fulfill. Happily for him, there can be no doubt of the 
particular subjects as to which the public anxiety for improvement 
has manifested itself. These are well defined. The method of accom- 


4 INAUGURAL ADDRESS OF THE 


plishment is a question for the legislative wisdom ultimately to de- 
termine. So far as the limits of an address like this will permit, let 
me briefly state a few of the subjects of needed reform. 

The people demand the abolition of needless offices ; the fixing of 
official compensation at sums commensurate with the service ren- 
dered by salaries definitely ascertained ; rigid. accountability in the 
expenditure of public moneys; a public performance of official trusts; 
and the raising of the efficiency of the civil service by making fitness 
and integrity alone the tests for appointment. 

The people demand strict economy in the expenditure of their 
“moneys; a simple and businesslike conduct of the affairs of govern- 
ment; and a repeal of all laws creating avenues for the needless spend- 
ing of public funds at the discretion of officials. 


The people demand that the burdens, as well as the benefits, of 
government shall be distributed with fairness, justness and impar- 
tiality. They demand uniformity and simplicity in taxation, and its 
distribution in such a manner as that, while all shall bear their just 
share of the common burdens, those shall contribute most who receive 
most, and those suffer least who can bear least. There is no more 
difficult problem in government than that relating to taxation. Reve- 
nue must be raised by the State for the efficient conduct of its affairs. 
Care should be taken, however, in the imposition of taxes, that we do 
not iose sight of those upon whom the imposition finally rests. The 
hand that pays the tax into the treasury is not always the hand that 
earned the contribution. That system is most equitable which, recog- 
nizing this truth, so distributes the taxing weight that none shall 
escape, and none bear more than their just proportion. Our present 
system, in its State, county and township ramifications, is intricate, 
unequal and ill-digested. It is to be hoped the present Legislature 
will devise some method for a simpler and juster allotment of these 
burdens. 

I shall urge upon the General Assembly the passage of legislation 
necessary for carrying into effect the provisions of the Constitution 
of the State. The benefits of some of the most salutary sections of 
that instrument have not been secured by the people, because of the 
failure of the Legislature to pass the laws needed for its complete 
enforcement. ‘The care bestowed by the Convention in framing the 

Sonstitution, and the large majority of votes cast for it when before 


GOVERNOR OF PENNSYLVANISA. | ty 


the people for adoption, should have inspired their representatives in 
the Assembly to prompt action in passing the measures needed to 
give it full effect. Particularly should this have been done since the 
instrument itself enjoins the Legislature so to do, and their official 
oaths pledge them to its support, obedience and defense. When the 
people adopted the Constitution they sanctioned its wisdom. It then 
became the supreme law of the State, and the highest exposition of 
the will of the people, ascertained in the most sacred*way known to 
democratic government. It does not become the representatives of 
the people to question or evade such a law. Their single duty is to 
obey it. 

Some of the sections of the Constitution from which most good 
was expected, and most could be secured, have as yet yielded no 
measure of the benefit, or left any visible effect. This is particularly 
true of Article XVII of that instrument, regulating railroad and 
canal companies. By tacit consent a construction of that Article has 
been acquiesced in by which the great corporate bodies of the State 
have escaped its limitations and been exempted from its provisions. 
They have violated it constantly, defiantly and flagrantly. The 
people are entitled to have at least a fair trial made of their ability 
to bring the vast corporations they have created and fostered under 
their just regulation and control. More than this is not contended 
for in Article XVII of the Constitution. It commands nothing but 
what is right, and forbids nothing but what is clearly wrong. It 
simply requires eerporations to act justly, and treat all people alike, 
with uniformity, fairness and impartiality. It prohibits unfair dis- 
crimination against persons or places, forbids extortion, and seeks to 
prevent monopolies and compel the creatures of the law, who owe 
their breath to the people, to be Jaw-obedient, and not use their 
granted powers to harrass and oppress. The same Article specifically 
commands the Legislature to enforce its provisions by ‘appropriate 
legislation.” Surely an honest effort should be made to give ade- 
quate effect to so wise and just a section of the fundamental law. 

This leads me to say that, in my judgment, there is much to be 
done in the way of legislation, to prevent the power of corporations 
from becoming too vast and irresponsible. They are a new element 
in our modern civilization. They have outgrown the most sanguine 
expectation in their development,and have introduced new evils,as well 


6 INAUGURAL ADDRESS OF THE 


as new benefits, into our system. -Their influence has extended itself 
into almost every department of business and of life. Their motions 
not only affect the great centers of money and of trade, but the mi- 
nutest affairs of individuals are affected by their caprice. Thousands 
of laborers look to them for employment, and depend alone upon their 
determination for the measure of hire. The price of the necessaries 
of life, too, are often regulated by their will. All this is an exhibi- 
tion of power not contemplated in their creation, which had in view 
solely the public interest and general good. The existence of such 
power in any combination of men is to be deplored, and, if possible, 
prevented ; or, at least regulated und controlled. It is idle to lament 
this condition of affairs, unless something is done to correct it. It is 
vain for those in authority to shut their eyes to the fact that some- 
thing must be done to bring into proper regulation the corporations 
of the country, and adjust, upon some fair and reasonable basis, the 
contentions between these objects of the bounty of the State and the 
people. 

At the proper time I may transmit to the Assembly some further 
suggestions upon this subject, with, possibly, some formulated 
thoughts. Meantime it may be said, that in the settlement of mat- 
ters of this kind, much depends upon the temper each party brings 
to the controversy. If passion shall rule, then will no good be ac- 
complished; but rather evil to all. But it justice shall be the guide, 
and her principles the criterion, then there can be no doubt of equi- 
table conclusions and satisfactory determinations. The people, I am 
convineed, ask for nothing unreasonable, if their fundamental law is 
the expression of their demands. It is the sworn duty of the As- 
sembly, and all in authority, to protect and defend that charter of 
the people’s rights. 

Competing telegraph companies have consolidated in open violation 
of law and to the public detriment. Citizens of the Commonwealth 
have recently invoked the interposition of the State authorities to 
prevent the continuance of this flagrant wrong. It is to be hoped 
the proceedings thus inaugurated will result in the vindication of the 
Constitution and establish the adequacy of its powers. Corporate law- 
lessness must be made as amenable to punishment as personal Jawless- 


ness. 


GOVERNOR OF PENNSYLVANIA. 7 


With the augmentation of corporate power has arisen, also, other 
jarge accumulations of capital, devoted to various forms of industry. 
Our own State, in the development of its peculiar sources of mineral 
wealth, is exceptionally prominent in this respect. These accumula- 
tions of corporate and other capital invested in business enterprises 
employ armies of workmen concentrated at single establishments. 
' From this has arisen contests between those who pay and those who 
receive wages. In recent years these conflicts have been of frequent 
occurrence throughout the entire country, and have often resulted in 
violence, not only to the public peace, but to personand property. A 
continual, though irregular, struggle is now and has for years been 
going on between these two conflicting elements. Complaints of in- 
justice are constantly being made by one against the other, and each 
in turn appeals to the State for remedial legislation. Such appeals 
should not be unheeded, but should be attentively listened to and 
carefully considered. These questions, at times, have threatened to 
become a formidable element in our politics and a disturbing factor 
in our elections. This is not as it should be, and nothing but evil can 
result from the intermingling of such matters. It gives excuse for 
reckless demagogues to ply their vocation, exposes labor to debasement 
from the intrigues of politicians, and injects rashness and passion into 
a discussion which has peculiar need for calmness, deliberation and 
dispassionate reason. For government to shut its eyes and close its 
ears to the complaints and petitions of any body of its citizens is 
folly. Such a course corrects nothing and settles nothing. Particu- 
larly should heed be given to the appeals of so large and important a 
part of the community as those depending for subsistence upon the 
wages of toil. Labor is the main pillar of the State. Asan honored 
statesman of our own country has said: “Labor is the superior of 
capital, and deserves much the highest consideration.” But the con- 
sideration given to such matters should be deliberate and searching, 
and the relief thorough and systematic, if it is to be lasting and ef- 
fectual. I cannot but indulge the belief that our political system is 
capable of providing some other remedy than the bayonet for the set- 
tlement of such disputes. Our form of government, I have no doubt, 
is competent to deal with this matter fairly and effectively, without 
injustice to the rights or interests of either party to the controversy. 
Upon the wisdom of the legislative department rests, in the first in- 
stance, the responsibility for a proper solution of this question. 


§ INAUGURAL ADDRESS OF THE 


The Assembly has also failed to enforce by appropriate legislatiom 
a number of other provisions of the Constitution, and pass laws the 
enactment of which is enjoined by that instrument. 

The salaries of certain. judges of the Commonwealth have not been. 
fixed by the Legislature, and they have been receiving compensation 
almost without authority of law, and by the sufferance of the account- 
ing officers. 

The Assembly at its last session, though prolonged beyond prece- 
dent, and at great expense to the Commonwealth, failed to apportion. 
the State into Legislative and Congressional districts,* though the Con- 
stitution commands that such apportionment shall be made “ imme- 
diately after each United States decennial census.” There was not 
even an attempt made to obey this injunction. Such default is inex- 
ceusable. It is the duty of the present Legislature to promptly per- 
form this neglected duty, 

The Assembly will not be called to act upon a more important 
measure during its session than that of theapportionment. It touches: 
government in its most vital parts. Fair and just representation to 
all sections of the State underlies the whole fabric of our political 
system. It is the corner-stone of our government. Considerations. 
of party, of factions, of locality or of individuals have nothing to do: 
with the subject of apportionment. This duty should be performed 
by the Legislature upon uniform and just principles. ‘There should: 
not be one rule for one part of the State and a different rule for an- 
other. The Constitution commands that the districts shall be com- 
posed of “compact and contiguous territory.” This rule should be 
observed throughout the entire State. It is paipably violated by the: 
present apportionment. ‘To disobey it is to commit a wrong against 
government and the people’s right to honest and just representation.. 
The members of the Legislature should be forcibly impressed with 
the gravity of their duty in this respect, and the obligation for its. 
prompt and just performance. 

The exercise of the pardoning power by the Executive has been the 
subject of much public criticism. ' Nor is this recent only. So great 
had become the popular complaint that the Convention which framed 
the Constitution attempted to correct what was admitted to be an 
abuse, by creating a board for the hearing of applications for pardon, 


* Should read ‘‘ Senatorial and Representative districts.’ 


GOVERNOR OF PENNSYLVANIA. we 


whose judgment should be submitted to the Executive for his assist- 
ance in determining the merits of such applications. Such. a plan 
ought to result in fuller and more careful consideration, and decisions 
more in accordance with the dictates of justice and humanity. I do 
not believe, however, that the Pardon Board was intended to be a court 
of last resort for reviewing the legality of the judgments of the courts 
below, and their decisions upon points,of law and the weight of evi- 
dence. Our system of judicature, with its justices, juries, judges and 
Supreme Court, provides the proper tribunals for the trial of causes, 
and has the confidence of the community. Their judgments should 
not be lightly treated, or disturbed without overwhelming reason. 
The Pardon Board is not a court for the trial of questions of law or 
of fact. It has become a truism, that it is not the severity, so much 
as the certainty, of punishment which prevents wrong doing. This. 
certainty cannot be secured if it 1s understood by criminals that after 
their cases have been fairly heard and passed upon by every court 
known to the law, they may still experiment with the sympathy and 
various judgments of a mixed board of lawyers and laymen. I shall 


make it a rule to grant no pardon except for cause appearing since 


g 
the trial, and in cases of manifest injustice. 

The government of large cities is asubject of growing importance, 
and is attracting much attention from minds directed to questions of 
municipal reform. It has been in the great centres of population 
that the most flagrant abuses in government have been manifested 
and the greatest wrongs been inflicted upon the people. LExtrava- 
gance, fraud and peculation; the corruption of the ballot and the 
subversion of the popular will as expressed at elections, have grown 
to such proportions in our large cities that the stoutest friends of free 
government have become alarmed tor its permanence. In my judg- 
ment, the best corrective for many of these evils is enlarged and freer 
local self-government. Beyond a few general limitations, the State 
should empower municipal corporations to regulate their own affairs. 
In this Commonwealth, at least, many of the most prolific sources of 
abuse have been fastened on cities. by the Legislature of the State, 
from which the people have sought to relieve themselves in demands 
for the repeal of the obnoxious legislation. Many of their concerns 
are under the direction of officers who owe no responsibility to the cor- 
porations they serve. In some instances the power previously con- 


10 INAUGURAL ADDRESS. 


ferred upon cities to regulate matters exclusively affecting the conve- 
nience and comfort of their own citizens has been taken from them 
by the General Assembly. It is this legislation from a distance that 
has caused many of the complaints from municipalities, and that 
should be stopped and its wrongs redressed. The people of cities 
who best know their own wants should be allowed to spend their own 
money, fix the salaries of their officers and direct their own private 
affairs. This would be more in accordance with the spirit of our 
institutions, ard would make local officers responsible to the people 
whose servants they are, and who would thus have in their own 
hands the power to correct the evils under which they suffer. 

I look forward with bright anticipation to the future of our Com- 
monwealth. Her possibilities are great beyond those of almost any 
of her sister States. Let it always be remembered by all citizens, 
that intelligence and virtue are the safeguards of liberal institutions. 
The law must be preserved in its integrity and supremacy; citizen- 
ship should not be treated as a light privilege, but its duties should 
be made a serious matter of conscientious performance ; the purity of 
our elections must be sacredly preserved; and all alike should feel a 
personal interest in discharging their obligations to the State, and 
sustaining the officers of the law in the faithful and just performance 
of their functions. It will always be my pleasing duty to codperate 
with the representatives of the people in giving validity to enact- 
ments whose object is the dissemination of information, the promo- 
tion of the general welfare, the placing of additional safeguards 
around the upright, or the punishment and restraint of the lawless 
and vicious. In short, whatever will tend to develop the resources, 
increase the comforts, or enlarge the happiness and prosperity of the 
eltizens of a State, which has been alike fortunate in its location and 
the wise policy of its founder, should receive the sedulous attention 
and constant support of every one who is called upon to make, ex- 
pound, execute, or obey the laws. 


| SPECIAL MESSAGE. 


ExecutivE DEPARTMENT, 
}OMMONWEALTH OF PENNSYLVANIA, 
Office of the Governor, Harrisburg, February 6, 1883. \ 
To the Senate and House of Representatives of the Commonwealth of 
Pennsylvania: 


GENTLEMEN :—Though so short a time has elapsed since the former 
Executive addressed you in an able, wise and exhaustive message, yet, 
in accordance with requirements of the Constitution, that the Gov- 
ernor shall, from time to time, recommend to the General Assembly 
such measures as he may judge expedient, I send you this communi- 
eation. ’ 

The act of 1878, defining the term and enlarging the duties of re- 
corders in cities of the first class should be repealed. A bill for that 
purpose is now pending in the Assembly, and I trust it will soon re- 
ceive the sanction of both houses. The act of 1878 was a most vicious 
piece of legislation. It enlarged an almost obsolete office into one of 
vast powers, many of which seem to have been conferred for the sole 
purpose of enabling the officer to get fees, and swell his emoluments 
to an enormous and unwarranted sum. Indeed, in some instances, it 
is to the benefit of the recorder, under the provisions of the act, that 
' mistakes should be made by his appointees, as he thereby collects fees 
for the correction of such mistakes. 

The citizens of Philadelphia, the only locality affected by the act 
of 1878, have been long demanding its repeal. There appears to be 
but one opinion in that community upon the subject. An attempt to 
repeal the act at the last, session of the Legislature was rendered 
futile by reason of the disagreement of the two houses. It is to be 
hoped no such failure to relieve the citizens from unjust and burden- 
some legislation will result at this session. The whole subject has 
been so fully and frequently discussed in the former Legislature and 
through other public channels that I do not deem it necessary to 
further repeat those arguments. ‘The Executive is clearly of the 


12 SPECIAL MESSAGE OF THE 


opinion that whatever other enactments may be necessary upon the 
subject thereafter, the act of 1878 should be at once repealed as a con-- 
demnation of such improper legislation. 

The office of delinquent tax collector of Philadelphia is one that 
should be promptly abolished. Its fees are enormously excessive, and 
like the recorder’s emoluments seem to have been fixed only with an 
eye to the enriching of the official, and not the benefit of the people.. 
Bills are now upon your calendar looking to the abolition of this. 
office. I bespeak for them your careful consideration, that this office- 
may be stripped of its excessive emoluments exacted from the unfor- 
tunate and needy, and its duties performed without oppression, and 
with some regard to the interest of the citizen, and not alone the 
benefit of an official. As to this subject, also, the people of Philadel- 
phia are of one mind. 

The office of sealer of weights and measures should be abolished.. 
Its powers, wherever deemed essential in the large cities and towns, 
might well be imposed upon police officers and the duties be performed 
by them without extra compensation. This office is one particularly 
obnoxious to the people. Its powers are inquisitorial and offensive, 
and nothing but the strongest necessity can justify the creation of such 
offices. ‘Lhey affect matters purely of police regulation, and in cities 
hke Philadelphia and Pittsburg, with hundreds cf policemen, the 
duties could readily be performed by those officers without cost to the 
people. 

The office of boiler inspector is of the same objectionable class, and 
might also be dispensed with. The people of the counties where: 
they exist are petitioning for their abolition, and I observe that bills: 
for that purpose are now before you. The laws authorizing their ap— 
pointment should be repealed, unless there exists some strong reason. 
of public policy for their continuance. 

I have always entertained the opinion that needless and extrava~ 
gant offices, such as those I have referred to, should be entirely abol- 
ished. Some of these places pay their incumbents greater compensa- 
tion than is received by any officer of the Commonwealth, and at 
least one of them more than the salary of the President of the United 
States. The Legislature should not hesitate about what to do in 
these and similar cases. The public service should not be made at- 
tractive because of its emoluments. Extravagant salaries breed an 


GOVERNOR OF PENNSYLVANIA. 13 


-office-holding class, inspired not by patriotism and public spirit, but 
by avarice and greed of gain. The youth of the land should be 
taught to look to official preferment for its honorable distinction as 
-an avenue for faithful public service, and not as a means of money- 
making and of escape from the burdens of labor. These opinions, 
always entertained and frequently expressed, I will gladly codperate 
with the Assembly in putting into practical operation by abolishing 
all needless and retrenching all extravagant offices. I have been 
gratified to observe the disposition shown and progress already made 
by the Legislature towards that end. While such offices exist, how- 
ever, the Executive deems it his duty to see that they are filled by 
those in whom he has the highest confidence, and can repose the 
fullest trust. This is his first and sworn duty, if he is to ‘‘ take care 
that the laws be faithfully executed.” 

The spirit of the Constitution undoubtedly is that all officers and 
employés, either of the State or local governments, should be paid by 
fixed salaries, and not by fees. This spirit should be faithfully car- 
ried out by the Legislature, and a law enacted abolishing fees where- 
ever possible, and fixing a definite salary for all incumbents. HHow- 
ever it may be disguised, every law authorizing the charging of a fee 
for an official act is equivalent to the levying of an additional tax. 
It is an indirect form of taxation, objectionable for its uncertainty | 
and the difficulty of ascertaining its amount. All taxes, whether fees 
or otherwise, should first go into the public treasury, that the people 
may know how much they contribute toward the cost of government, 
and public officers should afterwards be paid therefrom known and 
fixed:amounts for their services. 

In abolishing the fee system, however, care should be taken that 
the compensation be not merely changed to a fixed salary equally as 
exorbitant as the former sum received. Many of the salaries fixed 
under the present Constitution are out of all proportion to the service 
rendered. ‘There are clerks of courts receiving greater pay than the 
judges whose subordinates they are, and registers of wills whose sal- 
aries are twice as much as those of the court who adjudicate the dead 
men’s estates. By what possible system of adjustment these results 
were arrived at it would be difficult to determine; but such incon- 
gruities should not be permitted longer to exist. They will serve to 
illustrate, however, the necessity for a careful scrutiny of official sal- 
aries with a view to a general reduction of many. 


14 SPECIAL MESSAGE OF THE 


The appointment of a joint committee of the Legislature to inquire 


what offices in the various executive departments of the State may 
be dispensed with is a most desirable undertaking, Diligent inquiry 
will, I am convinced, enable the committee to recommend a consider- 


able reduction in the force of employees in the departments and the 


amount of theircompensation. I regret the scope of the inquiry was 
not enlarged so as to include the entire civil service of the State. The 
results, [ am sure, would have been more effective. It is not too late 
for the Legislature yet to empower the committee to so extend its in- 
vestigatious. | 
The advertising of official notices has been the source of many 
abuses and much seandal, particularly in our cities. Much of the 
official advertising, as now done, is practically useless and a waste of 
public moneys. LI would recommend the enactment of some general 
law upon this subject requiring public advertisements to be inserted 
in newspapers of largest circulation. If there is any purpose to be 
served by such advertising, beyond the mere expenditure of money, 
if publicity is really what is desired, then the most evident means to 
obtain that publicity should be adopted, and papers of largest cir- 
culation employed. Not only would such a course execute the plain 
purposes of the law, but a great saving of money could be effected, as 
‘there would not then bea necessity for so frequently inserting the 
notices or advertising them so much at length. Economy and pub- 
licity would both be served by the enactment of sucha law. In mu- 
nicipal advertising it would be well to invest the control of such mat- 
ters in the councils of the cities. They are nearest to the people, 
whose money is spent; best know the popular wish, and it would be 
wisest to trust their discretion. Such provisions as I have indicated 
with reference to advertising would enable officials to be more inde- 
pendent of party journals and would have a healthful influence upon 
the press, by enabling that avenue of public information to be more 
free and independent in its strictures upon officials. The public money 
should not be used to subsidize the channels through which the peo- 
ple learn to a good extent how their servants execute their trusts. 
There is a bill pending before you for the better government of 
cities. I trust it will receive most faithful and attentive considera- 
tion. Though slightly changed, it was drafted by,a commission of 
able gentlemen appointed by the Governor several years ago, under 


7 


GOVERNOR OF PENNSYLVANIA. 15 


the authority of the Legislature. Coming from such a source, and 
prepared at the public expense, it is to be regretted that it was not 
acted upon by former Legislatures before whom it has been, even 
though their attention was directed to it by my distinguished prede- 
cessor. ‘T'he problem this bill is intended to solve is one of great mo- 
ment. The growing importance of large cities in their relations to 
the State, their influence upon the concerns of government, the vast 
wealth they contain, the number of citizens whose happiness and 
prosperity are affected by them—all these considerations make their 
proper regulation a subject the importance of which cannot be over- 
estimated. The whole State is interested in this question. Bad gov- 
-ernment in the cities has an unmistakable influence upon the other 
counties. <A large part of the. public service is centered there, and a 
large part of the public income is collected in them. They do much to 
affect public sentiment and public morals. They contain a large part 
of the popular vote, and most of the abuses of government have 
grown up within them. In every way, therefore, this subject is im- 
portant as weil as to the cities themselves. The bill before you was 
prepared by most able gentlemen, without interest in the subject mat 

ter, except as citizens desiring the general good. It is thus presented 
to you in a way that ought to commend it to your best and most de. 
liberate judgment. I bespeak for it your careful consideration. 

A commission of experts, appointed by the former Governor, after 
much labor and careful consideration of the subject, reported a bill 
~which he submitted to you for the regulation of institutions for the 
eare and treatment of the insane. In his message he urges you to 
give the measure thoughtful attention. IL join in that request, and 
would also suggest that any independent measures upon the same sub- 
ject be postponed until the Legislature comes to some determination 
upon the general bill. The subject is an important one, and what is 
done should be done thoroughly and systematically. The fragment: 
ary character of much of our legislation is a matter to be regretted. 

By the decision of the Supreme Court, the act dividing cities into 
classes was determined to be constitutional. By virtue of this, much 
legislation is enacted really of a special character, and so intended to 
be. While this decision stands of course it is to be respected, but I 
warn the Legislature against its dangers. Under it the cities of 
Pittsburg or Philadelphia may be legislated for as particularly and 


16 SPECIAL MESSAGE OF THE 


specially as they could have been before the present Constitution 
was adopted, and it is a nullity so far as they are concerned. The 
people of Philadelphia wouid not to-day be clamoring for the repeal 
of the recorder’s law of 1878, if it were not for the act of Assembly 
and judicial decision to which I have referred. Such measures are 
not required to be advertised, and no noti¢e of their intended passage 
is given to the people of the locality they affect. Another evil of this 
condition of the law is that bills are passed which now only affect a 
particular city; but which because of their general character may in 
the future injuriously affect municipalities never intended to be legis- , 
lated for. I call your attention to these facts that you may give 
additional consideration, and the most careful scrutiny to all such 
special legislation, under the name of general bills. 

A measure has been introduced into one of your bodies to provide 
for the settlement of disputes between employers and employees in 
certain of the great industries of the State. This is a movement in 
the right direction. Though limited to but a few of the departments 
of labor, yet it is a beginning upon a subject that ought long ago to 
have received legislative action. The concerns of that great body of 
our citizens who labor for wages are entitled to the most earnest con- 
sideration. The law should most zealously and rigidly guard their 
interests and protect their rights. When either is injured or denied 
they ought to have some resource in the law to which they can look 
for assistance. Some provision should be made that when disputes 
arise between those who pay and those who receive wages, the con- 
tention could be settled under the conditions of a law which should 
administer justice alike to both parties to the controversy. The 
courts are open to other citizens to enforce their rights; why should 
they not be to those who toil for wages to enforce theirs? I suggest 
the practicability in many instances of a provision being made re- 
quiring employees to give a certain timely notice to their employers 
before quitting work on account of a refusal to increase wages, and - 
the employer to give a similar notice to the laborer before reducing 
pay. This would prevent many of the mischiefs of strikes and en- 
able both parties to provide in time for changes that by their sudden- 
ness often bring want, misery and ruin to many. ‘The bill before you 
and the whole subject ought to occupy much of the best thought of 
the Legislature. 


GOVERNOR OF PENNSYLVANIA. 17 


I recommend that in the matter of the deposit of the State moneys 
a regulation be enacted similar to that governing thé public deposits 
in the city of Philadelphia. In that city certain banks are designa- 
ted by law as places of deposit, and the amount of money which may 
be deposited in each is proportioned to the security each offers by 
virtue of its eredit and financial responsibility. This plan is based 
upon sound business principles, and has been found to work well in 
the city where it has been tried. Under existing laws the State 
Treasurer may deposit his balances with any bank corporation, 
firm or individual, as he may think proper. This is too wide a 
discretion to vest in a public officer. It opens the door to favoritism 
and subjects the official to the importunities of party and personal 
friends, to resist which is often difficult, and to accede to which may 
be to the public detriment. 

The Constitution requires that all election laws shall be uniform 
throughout the State. In some of the counties, however, a system 
of voting is in vogue under an old law by which each elector is 
required to have an inconveniently large number of tickets, embracing 
as many as there are candidates to be voted for. This entails much 
difficulty and embarrassment upon the voter, endangers accuracy and 
promotes fraud. Any system which tends to put impediments in the 
way of a free, easy and simple exercise of the right of suffrage is 
objectionable. I hope the Legislature will promptly relieve the citi- 
zens of the counties referred to by bringing them under the operation 
of the general] election law, as was intended by the Constitution. 

While upon this subject, I would suggest the passage of a law 
similar to that in force in other States, prescribing how all ballots 
used by electors shall be printed, their shape, the size, the character 
of type, and the quality and color of the paper to be used. This 
would contribute to the secrecy of the ballot and would be a protec- 
tion to many in the exercise of their franchises, free from the knowl- 
edge and surveillance of employers and others upon whom they 
may be dependent. It would also prevent many deceits and im- 
positions being practiced upon voters by deceptive headings. To 
how great an extent this mode of fraud has prevailed is well known 
and was forcibly illustrated when, a few days ago, an important public 
officer of the State voluntarily testified in the trial of a cause that he 
had procured large numbers of tickets to be prepared for use at an 


18 SPECIAL MESSAGE OF THE 


election with one party’s heading and another party’s candidates 
printed thereon. Such deceptions upon the voter would not be possi- 
ble if the entire character of the ballot was prescribed and regulated 
by law. 

A. general salary bill should be passed for the Judges of the Com- 
monwealth. As to some of them, no salaries have been fixed, and 
the whole law upon the subject is ina loose and fragmentary con- 
dition. Some general and comprehensive bill should be passed upon 
the subject at this session of the Assembly. 

You will be called upon to apportion the State into Congressional, 
Senatorial and Representative Districts. It is important that this 
work should be done at this session. There should be no difficulty 
in agreeing upon such bills as will give fair and just representation 
to all sections and interests. So important a matter should be 
approached without party zeal, and with no desire to do anything 
but carry out the plain spirit and intent of the law. Any advantages 
gained by one party over another by partisan apportionments have 
always proved short lived, and have often terribly reacted upon their 
authors. Let the directions of the Constitution be observed as to 
compactness of territory, and as far as possible equality of popu- 
lation, and let party and personal interests be subordinated and for- 
gotten, and there will be no trouble in promptly making an appor- 
tionment that will give true and just representation to all the people. 
To give one locality more representation than it deserves is to dis- 
franchise other localities that get less than their just share. To 
huddle together into one tortuous, misshapen and uncompact district 
all citizens of a particular party faith,so that their influence may not 
be distributed into other districts, is to commit a serious wrong 
against such constituency. JI hope many of the defects and much of 
the injustice of the present apportionment will be remedied by the 
work of this session. 

There are outstanding many charters of incorporation granted by 
the Legislature before the adoption of the present Constitution. Some 
of them contain grants of monstrous powers, unlimited in extent and 
capable of great abuse. Many of them were passed without any de- 
sign but to give to certain individuals franchises of the State that 
they might sell them for profit. A great many of these charters have 
never been used or operated, but have been sold to brokers who now 


GOVERNOR OF PENNSYLVANTA. 19 


hold them ready for sale at large sums, to any designing persons who 
want to obtain corporate powers of a kind and ina manner which the 
law will not now permit. There are many hundreds of such charters 
in private hands that are hawked about through the State and the 
United States. One of the greatest scandals our political history ever 
knew, that of the Credit Mobilier, was made possible from this con- 
dition of affairs. That great blot upon the national honor had its 
origin in the purchase of a Pennsylvania act of incorporation. 

These outstanding charters are kept alive by a fictitious organiza- 
tion. They have never been operated, no rights have become vested 
under them, no business has ever been transacted through or by them, 
and no bona fide contract relations have been consummated between 
the State and its citizens. It cannot be that these franchises of the 
State-—very often containing important rights of eminent domain— 
can be thus debased and abused. It would seem that by operation 
of law these rights would lapse to the State for non-user. At all 
events, the Attorney General will, at the first opportunity, make a 
test case for the courts to determine the question, so that if possible 
these charters may be annulled. Meantime, I would suggest to the 
Legislature that some law be passed revoking all such franchises 
wherever an actual and bona fide organization for the purposes of the 
grant has not been effected. This would, no doubt, materially aid 
the Attorney General in future litigation. 

I recommend that the Legislature take steps to enforce by appro- 
priate legislation Article XVII of the Constitution. That article 
provides that all individuals and associations shall have equal rights 
upon railroads and canals, without discrimination in charges or facili- 
ties as to persons or places. It prohibits the consolidation of the 
stock, property or franchises of competing companies. It provides 
that common carriers shall not engage in any business other than that 
of common carrying. It seeks to prevent officers of corporations from 
corruptly profiting by the business of their companies. It prohibits 
unfair preferences in furnishing cars or motive power, by drawback 
or otherwise, between transportation companies and individuals. It 
also forbids the issuing of free passes to any persons other than offi- 
cers or employees: In short, Article XVII seeks to make transporta- 
tion companies act justly, to compel them to treat all citizens impar- 
tially and fairly, to make them deal honestly, and to prevent them 


’ 


20 SPECIAL MESSAGE. 


harrassing or oppressing any part of the community. Such wise and 
wholesome provisions, intended for the common good, ought not to 
be rendered akortive by the neglect of the legislative power. I sin- 
cerely recommend that a bill be passed to give full effect to these sec- 
tions of the fundamental law, either by imposing penalties for their 
violation, or in such other way as the Legislature may determine. 
The Constitution was adopted in 1873, and up to this time no effort 
has been made to-enforce its just provisions as to railroads and canals. 
Tam glad to observe that a bill is now before you relating to the free 
pass abuse which the Constitution prohibits. I trust an effective 
measure will be enacted upon that subject as well as all those referred 
to in Article X VII. 

A commission to consider the revenues of the State, appointed at 
the last session of the Legislature, has, 1 understand, completed its. 
labors and reported a bill to your bodies. The Executive, therefore, 
defers any suggestions upon the subject of taxation until he has an 
opportunity of considering the completed recommendations of that 


commission. He will, from time to time, as the Constitution directs, 


communicate his thoughts to the Legislature as occasion may seem 
to warraut. | 

No session for many years has presented so many important sub- 
jects for legislative action. The people look forward with high ex- 
pectaney to the results of your deliberations, and I entertain the 


belief that their hopes for wise and wholesome legislation will be 


realized. 


ROBERT E. PATTISON. 


